Ohio anti-abortion group says it has no plans to ban women from seeking the procedure out of state

COLUMBUS, Ohio — Sunday marked 100 days since the U.S. Supreme Court overturned Roe v Wade.

The court ordered a suspension of Ohio’s abortion ban on Oct. 12, and the state’s Heart Rhythm Act, which bans abortions at six weeks of pregnancy, will go into effect.

Ohio lawmakers don’t return to the statehouse until mid-November, and when they do, anti-abortion lobbyist Michael Ganidakis of Right to Life Ohio said there are no plans to introduce a law banning women seeking abortions from leaving the state.

“It’s unconstitutional to ban interstate travel, and we’re not trying to do that, and I don’t know anyone who wants to try that either,” Ganidakis said.

Constitutional law professor Tracy Thomas of the University of Akron said that while the U.S. Supreme Court says the trips are protected, the court did not say so.

“We have some pretty strong statements from the U.S. Supreme Court that there is a right to travel and that you can go to other states, even though it’s a very undeveloped area of ​​the law,” Thomas said.

For those who support an out-of-state abortion ban, there is a precedent. Scientists point to 1941 decision in Skirotes v. Florida.

In a 1985 Supreme Court ruling, the High Court’s Phillips Petroleum vs Shutts decision concluded that states can apply civil laws to their own citizens when they are located in other states.

But there are many reasons why the Supreme Court will not uphold the travel ban. Among the reasons is state sovereignty. States are sovereign and govern themselves. According to the law, the sovereignty of one state does not prevail over the sovereignty of another state. Right to Travel: The US Supreme Court has upheld the right to travel from state to state since 1867 in Crandall v. State of Nevada.

Supreme Court Associate Justice Brett Kavanaugh appears to be providing further clarity.

“Justice Kavanaugh said in the Dobbs abortion opinion itself that he believed the right to travel fully protected women who would be traveling across state lines,” Thomas said.

Because of Ohio’s abortion ban, the closest options for women who want to terminate a pregnancy are in three states.

Michigan has ruled the abortion ban unconstitutional and has decided not to cooperate with states that want to prosecute out-of-state women who want an in-state abortion.

Another option is Indiana. Recently, a ban was passed with exceptions in cases of rape, incest, fatal fetal abnormality or in cases where the mother’s life is at stake.

Another option is Pennsylvania, although it is limited to 24 weeks gestation.

The governor signed an executive order to protect abortion providers and those seeking abortions from out of state.

But what about women who buy abortion pills online?

Ohio Right to Life has said it has no plans to limit them.

“We are not naive. We know that the pill will still be able to get into the state even if we ban abortion. It would be illegal to even try to create a state law that would regulate the Internet or the postal service, so we won’t even try to do that,” Ganidakis said.

Thomas agrees that it will be difficult for states to regulate mail-order abortion pills.

“A state can only regulate interstate commerce if the federal government doesn’t,” Thomas said.

According to the Guttmacher Institute, nearly one in 10 abortions in 2020 was performed by patients who crossed state lines. This is up from 6% in 2011. The report noted that the increase came as more states passed abortion restrictions.

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